McStea v. . Matthews
New York Court of Appeals
Appeal from the judgment of the General Term of the New York Common Pleas, affirming as modified, in case plaintiff stipulate to modify, a judgment in favor of plaintiff, entered upon a verdict.
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Appeal from the judgment of the General Term of the New York Common Pleas, affirming as modified, in case plaintiff stipulate to modify, a judgment in favor of plaintiff, entered upon a verdict. The action was brought against defendants as members of the firm of Brander, Chambliss & Co., upon three drafts drawn upon and accepted by that firm, one dated April 13, 1861, for $8,050.60, one dated February 26, 1862, for $1,169.99, and one dated February 26, 1862, for $107.97; also a note signed by the firm, dated January 2, 1862, for $864.25. The defendant Matthews resided in Mew York, the others…
1Opinion of the Court
Church, Ch. J.
The general question in the case is whether the defendant Matthews is liable as a member of the firm of Brander, Chambliss & Co., upon the acceptance by that firm on the 23d of April, 1861, of the draft of $8,050.06. The other claims for which the action was brought were properly excluded by the General Term. If not dissolved by the war of the rebellion, there can be no serious question of the existence of the firm at that time, and of the liability of the defendant as a member of it. The consent of the senior Brander to become a party to the articles of association as a partner…
2Cases cited4 opinions
- The Brig Amy WarwickSupreme Court of the United States · 1862
- The William BagaleySupreme Court of the United States · 1867
- Stone v. Inhabitants of HubbardstonMassachusetts Supreme Judicial Court · 1868
- United States v. LaneSupreme Court of the United States · 1869
3Cited by3 opinions
- Hubbard v. . MatthewsNew York Court of Appeals · 1873
- Burnside v. . MatthewsNew York Court of Appeals · 1873
- Brueck v. Phœnix InsuranceNew York Supreme Court · 1880